Poole Bathurst's Estate and The South Wales Railway Company
| Jurisdiction | England & Wales |
| Judgment Date | 27 February 1854 |
| Date | 27 February 1854 |
| Court | High Court of Chancery |
English Reports Citation: 65 E.R. 351
HIGH COURT OF CHANCERY
S. C. 18 Jur. 568.
[169] In the Matter of poole bathukst's estate and the south wales eailway company. Feb. 27, 1854. [S. C. 18 Jur. 568.] Where three trustees were named in a settlement with a power to the cestui que trust to nominate, substitute or appoint any person or persons in the place of the said present or other trustee or trustees, who should die," &c.: Held, that an appointment of two persons only in the room of the three original trustees was a valid appointment. A question was raised on this petition whether a deed appointing new trustees, dated the 10th of July, was a valid exercise of a power. By an indenture of settlement, dated the 30th of December 1777, between Henry Fane of the first part; Edward Buckley Batson and Ann Batson of the second part; 352 in ee poole bathurst's estate 2 sm. & giff. no. and J. Batson, S. Batson and David R. Michel of the third part, reciting that a marriage had been agreed upon and shortly intended to be solemnised between the said Henry Fane and Ann Batson, it was agreed that the said J. Batson, S. Batson and D. R. Michel should stand possessed of certain monies out on mortgage, assigned by Mr. Henry Fane upon the trusts therein declared. By a deed-poll, under the hand and seal of the said Henry Fane, reciting that the said money, amounting to 7000, was then due, with interest, it was witnessed that, in consideration of 7000 expressed to be paid to the said Henry Fane by the said J. Batson, S. Batson and D. R. Michel, their executors, administrators and assigns, all those the said manors, &c., &c., which were demised by the said Bathurst to the Earl of Westmorland for 500 years, and which had become vested in the said Henry Fane for the residue of the said term, and the sum of 7000 due and owing to the said Henry Fane, with powers for recovering the same; to hold the same, and also the said sum of 7000 to the said J. Batson, S. Batson and D. R. Michel, for the residue of the said term, subject to redemption, &c. The deed contained the following power for the appointment of new trustees :- " In case the said J. Batson, S. Batson and 1). R. Michel, [170] or any of them, die, or be desirous to be discharged of and from the trusts thereby in them reposed as aforesaid, before the same trusts shall be fully performed and executed, or shall neglect or refuse to act in the said...
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